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HUGHES COMMUNICATIONS GALAXY, INC. v. U.S.

Nos. 00-5109, 00-5119.

271 F.3d 1060 (2001)

HUGHES COMMUNICATIONS GALAXY, INC., Plaintiff-Appellant, v. UNITED STATES, Defendant-Cross Appellant.

United States Court of Appeals, Federal Circuit.

DECIDED: November 13, 2001.

Attorney(s) appearing for the Case

Clarence T. Kipps, Jr., Miller & Chevalier, Chartered, of Washington, DC, argued for plaintiff-appellant. With him on the brief were Alan I. Horowitz, Peter B. Hutt II, and Angela Barbee Styles. Of counsel on the brief were John J. Higgins and Jennifer A. Smolker, Hughes Electronics Corporation, of Los Angeles, CA.

Janene M. Marasciullo, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for defendant-cross appellant. With her on the brief was David M. Cohen.

Before MAYER, Chief Judge, LOURIE, and RADER, Circuit Judges.

RADER, Circuit Judge.

Following a trial on damages for breach of contract, the United States Court of Federal Claims awarded Hughes Communications Galaxy, Inc. $102,680,625. Hughes Communications Galaxy, Inc. v. United States, 47 Fed.Cl. 236 (2000) (Hughes V). Because the Court of Federal Claims did not abuse its discretion in calculating damages, this court affirms.

I.

This case has received extensive factual analysis in prior opinions...

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